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Noteworthy Article on Arbitration and the Judicial Assistance Statute
Kudos to Jenna Godfrey of American Univerity Law School on her new article, Americanization of Discovery: Why Statutory Interpretation Bars 28 U.S.C. § 1782(a)’s Application In Private International Arbitration Proceedings, 60 Am. U. L. Rev. 475 (2010), which has just been posted on Westlaw. Godfrey makes a sound argument that the foreign arbitral tribunals should……
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Case of the Day: Heraeus Kulzer, GmbH v. Biomet, Inc.
Germany is one of the jurisdictions most implacably opposed to U.S.-style pretrial discovery in civil cases, or so it seems to me. Hence the irony of Heraeus Kulzer, GmbH v. Biomet, Inc., No. 09-2858 (7th Cir. Jan. 24, 2011), our case of the day, where a German firm suing an American firm in Germany for……
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Pre-hearing discovery in arbitration: Beck’s Superior revisited
We recently looked at Beck’s Superior Hybrids v. Monsanto, an Indiana decision denying enforcement of an arbitrator’s subpoena on the grounds that the proper court in which to seek enforcement, under Section 7 of the FAA, was the court at the seat of the arbitration. I thought it would be worth comparing the approach in……
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US Pretrial Discovery for Foreign Litigants
Here is a link to an article Penny Gilbert and I recently published in CDR, a British legal magazine, on US judicial assistance for litigants in British civil litigation. The article covers some of the key concepts in the judicial assistance statute and the mechanics of making a request for judicial assistance. Thanks to CDR……
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Case of the Day:Chevron Corp. v. Berlinger
It’s a big day at Letters Blogatory—our first appellate Case of the Day! The case is Chevron Corp. v. Berlinger. It arose out of the epic Lago Agrio litigation. You may remember the case as an example of why you should be careful what you wish for: Ecuadorian plaintiffs had filed a class action alleging……